Appeal No. 2001-1947
Application 08/333,202
Claims 20 and 22 are representative of the claims on appeal and read as follows.
20. Substantially pure diacetylrhein obtained by mixing a diacetylrhein containing
aloe-emodin composition with an aqueous solution at a pH of 6.5 to 7.5 and a polar
organic solvent which is incompletely miscible with said aqueous solution; subjecting the
mixture of liquid-liquid partitioning; and recovering the substantially pure diacetylrhein
from the polar organic solvent, wherein said substantially pure diacetylrhein has an
aloe-emodin component content of less than 20 ppm.
22. An antiarthritic pharmaceutical composition consisting essentially of an
artiarthritically effective dose of substantially pure diacetylrhein containing less than
20 ppm aloe-emodin components and a pharmaceutically acceptable inert carrier.
The references relied upon by the examiner are:
Friedmann 4,244,968 Jan. 13, 1981
Merck Index, 10th Ed., Abstract No. 8072, p. 1179 (1983).
Neuman, “SF-277, Antirheumatic,” Drugs of the Future, Vol. IV, No. 6, pp. 445-447
(1979)
Grounds of Rejection
Claims 20-21 stand rejected under 35 U.S.C. § 102 or in the alternative under 35
U.S.C. § 103(a) as obvious over Friedmann or Merck Index.
Claim 22 stands rejected under 35 U.S.C. § 103(a) as obvious over either
Friedmann or Merck Index.
We reverse these rejections.
DISCUSSION
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